Evans v. Fall River County
South Dakota Supreme Court
Appeal from circuit court, Fall River county. Hon. William Gardner, Judge. Action to enjoin the execution and delivery of a tax deed. From an order overruling their demurrer to the complaint, defendants appeal. The facts are stated in the opinion. Any and all irregularities in making the assessment and sale have been cured by an act of the legislature.
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Appeal from circuit court, Fall River county. Hon. William Gardner, Judge. Action to enjoin the execution and delivery of a tax deed. From an order overruling their demurrer to the complaint, defendants appeal. The facts are stated in the opinion. Any and all irregularities in making the assessment and sale have been cured by an act of the legislature. Chap. 3, Laws of 1895. Though this act was passed subsequent to the bringing of the suit,- yet it was a law prior to the demurrer of defendants, and therefore should have been considered by the court in passing upon said demurrer. People v.…
1Opinion of the CourtFuller, J.
Upon the ground that the complaint in this action — to perpetually enjoin the execution and delivery of a tax deed — does not state facts sufficient to constitute a cause of action, a demurrer was interposed, and this appeal is by the defendants from an order overruling the same. It is alleged that plaintiff Evans is the owner in fee of the real property in question, which was wrongfully sold on the 10th day of November, 1892, for the taxes of 1891, to the defendant Fall River *132county; that the certificate of purchase was duly assigned by said county to the defendant Thode, by whom taxes…
2Cases cited12 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- County of Santa Clara v. Southern Pac. R. Co.United States Circuit Court · 1883
- People ex rel. Pierce v. MorrillCalifornia Supreme Court · 1864
- Power v. LarabeeNorth Dakota Supreme Court · 1891
- Breaux v. NegrottoSupreme Court of Louisiana · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Turner v. Hand CountySouth Dakota Supreme Court · 1898
- Tripp v. City of YanktonSouth Dakota Supreme Court · 1898
- Anderson v. RussellSouth Dakota Supreme Court · 1936
- Commercial & Savings Bank v. ErdmanSouth Dakota Supreme Court · 1926
- Ohlwine v. BushnellSouth Dakota Supreme Court · 1913
4 more not listed; retrieve them via the Exa API.